Journal of Criminal Law and Criminology Volume 28 Article 13 Issue 6 March-April

Spring 1938 Current Notes

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Recommended Citation Current Notes, 28 Am. Inst. Crim. L. & Criminology 924 (1937-1938)

This Note is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. CURRENT NOTES

NEWMAN .F. BAKER [Ed.]

Northwestern University Law School ,

Federal Aid Bill-The American to comply with certain approved Prison Association is again back- standards of construction and ad- ing the Federal Aid Bill printed ministration." below. Mr. Cass, General Secre- tary, writes: H. R. 9147 "You will please recall that last A BILL year we attempted to obtain Fed- eral Aid to improve the prison, To provide for the general welfare probation, and parole systems of by establishing a system of Fed- the various states. The President eral Aid to the States for the did not feel that he could go along purpose of enabling them to pro- with us at that time, and we with- vide adequate institutionaltreat- held a bill that had been carefully ment of prisoners and provide prepared. Except for the amounts improved methods of supervision in the bill the one now before Con- and administration of parole, gress is identical. This year we probation, and conditional re- ask for less money for prison con- lease of offenders. struction and renovation, but the Be it enacted by the Senate and same amount for probation and House of Representatives of the parole. Those in our membership United States of America in Con- who have had the benefit of long gress assembled, That, for the pur- experience and wide observation pose of assisting the several States are convinced that many of the and their political subdivisions states will not be able to improve thereof to provide secure and ade- their prison systems, structurally quate housing, and constructive and administratively, and their educational employment and treat- probation and parole systems, ment facilities for those who have without federal aid. Therefore, the been convicted of or who are Association regards this effort as a held for trial or as witnesses, there major undertaking and invites your is hereby authorized to be appro- active participation as a member priated for the fiscal year beginning and follower. . . . It should be July 1, 1938, the sum of $10,000,000, kept in mind that this and there is hereby authorized to is not an attempt to force the Fed- be appropriated for each fiscal year eral government upon the states, thereafter a sum sufficient to carry but instead provides a voluntary out the purposes of this Act. arrangement whereby the Federal SEC. 2. For the purpose of as- government can give aid to a state sisting the several States and their if the state desires it and is willing political subdivisions to establish [924] CURRENT NOTES 925 and maintain, in accordance with Office, make payments of such adequate and scientific standards, amounts at the time or times speci- properly safeguarded systems for fied by said administrative depart- the supervision of offenders re- ment or agency. The President leased: (1) by probation, (2) by may also, in his discretion, estab- parole, or (3) by any form of con- lish a board of not to exceed seven ditional release, there is hereby qualified persons who shall serve authorized to be appropriated for at his pleasure and without com- the fiscal year beginning July 1, pensation to advise him and the 1938, the sum of $2,500,000 and for said administrative department or each fiscal year thereafter a sum agency in the administration of this sufficient to carry out the purposes Act. of this Act. SEC. 5. The said administrative SEC 3. The sums made available department or agency shall also under this Act shall be allotted to collect and disseminate information the several States on such terms to the several States and their and conditions as the President political subdivisions concerning may from time to time prescribe. crime prevention, release proced- In determining the amounts, terms, ure, the treatment of criminals, the and conditions under which the instruction of personnel, and to funds herein provided shall be promote cooperation between the granted, the President shall pro- Federal Government and the sev- vide, among other things, for (1) eral States in the administration financial participation by the State and the conduct of their institu- in any project or program; (2) tional and extramural handling of equitable distribution of the funds offenders against the laws of the on the basis of (a) the prisoner United States and the several population of the State, (b) special States. institutional, probation, and parole SEC. 6. The President is hereby problems, (c) the financial needs authorized to prescribe such rules of the respective States; (3) and and regulations as may be neces- shall require of the States seeking sary for the administration of this Federal aid the establishment and Act. As used in this Act, the term maintenance of approved standards "State' means the several States, under which each State shall con- the District of Columbia, and the trol or manage its own probation, Territories of the United States. penal, and parole systems. SEC. 4. The President may desig- nate such department or agency of Loesch Resigns-At the age of 86, the Government as he deems Frank J. Loesch, President of the proper to assist in the administra- Chicago Crime Commission for ten tion of this Act and authorize such years, resigned his office and be- department or agency to certify to came President Emeritus. Under the Secretary of the Treasury the the Presidency of Mr. Loesch, the amounts to be paid to the States, Chicago Crime Commission per- and the Secretary of the Treasury formed valuable services to the shall, through the Division of Dis- city and remained in active opera- bursement of the Treasury Depart- tion in a period when crime com- ment and prior to settlement and missions in many other cities found audit by the General Accounting it necessary to cease their opera- CURRENT NOTES tions. During his period of service, per cent and robbery more than Mr. Loesch became a local "insti- sixty per cent. Automobile thefts tution" and his decision to give up have dropped from one hundred his work was received with regret and fifty a day to an average of by the entire community. eight and the recoveries of stolen The Commission is fortunate in vehicles approximate ninety-seven having as the new President Ber- per cent. The economic advantage tram J. Cahn, who has been a is reflected in rate reductions by member of the Chicago Crime insurance companies as high, in Commission since f921, Vice-Presi- some instances, as sixty per cent." dent since 1933, and Chairman of its Committee on Courts and This table shows the criminal Prosecutions. Mr. Cahn is one of court activity in Cook County and Chicago's most public spirited citi- itself eloquently supports Mr. zens and has been active in civic Chamberlin's statement: organizations for many years. 1937 Henry Barrett Chamberlin will Indictments Returned ..... 2,038 continue as operating Director and Cases Pending as of Decem- the other officers of the Commis- ber 31 ...... 214 sion have been held over for Time Spent on Bench, hrs..6,8004 further service. The Journal con- Cases Disposed ...... 2,193 gratulates the Chicago Crime Com- Death Penalty ...... 4 mission, the parent organization of Penal Institutions ...... 910 its type, for twenty years of meri- House of Correction ...... 338 torious service. County Jail ...... 99 Probation ...... 297 Verdict Not Guilty ...... 110 Chicago Crime- In his annual re- Finding Not Guilty ...... 131 port to the Chicago Crime Com- Stricken Off With Leave to mission, Henry Barrett Chamber- Reinstate ...... 99 lin, operating Director stated: Nolle Prosse ...... 109 "In the first report of the operat- Jury Trials ...... 344 ing director, nineteen years ago, Jury Disagreed ...... 6 appeared this paragraph: Jury Mistrial ...... 29 'The abuse of special privilege in Habitual Counts Waived ... 58 every department having to do 'Felony Waivers ...... 583 with the administration of crim- Counts Waived .... 38 inal law is appalling. There is not Gun Counts Waived ...... 188 a single practice in the routine of Robbery Counts Waived ... 65 procedure against crime that is not Burglary Counts Waived .. 164 either inefficient or worse.' Larceny Counts Waived ... 7 Today in Chicago that statement Rape Counts Waived ...... 3 would be a libel. While crime has Findings Guilty ...... 1,949 increased, generally, through the Verdicts Guilty ...... 197 nation, in Chicago there has been a sharp decrease. During the past five years there has been a steady Separate Criminal Courts?- "To and consistent lessening of major the Journal of Criminal Law and of violence. Murder and Criminology: burglary are down about forty-five Recently I had occasion to visit CURRENT NOTES 921 the Court of Appeals at Albany. these two different questions of the While waiting for the case in which law, one involving criminal and one I was interested to be reached on involving civil violation. the calendar, I listened to four This prompts the suggestion that legal arguments before ihe Court; the Court should be divided into two concerning the interpretation two branches-one branch to con- of New York City's intricate Sales sider cases involving criminal acts Tax Law, one for a new trial for a and the other branch to deal with man, convicted of first degree mur- cases involving breaches of con- der, on the ground that his act was tract between parties. provoked and not premeditated, Criminal acts may arise from and one for an interpretation of motives utterly different from the Election Laws. The case in those which provoke civil contro- which I was interested dealt with a versies. Criminal acts may be the violation of the Constitution of the results of heredity, social condi- State of New York. tions, and circumstances wholly It occurred to me while listen- beyond the control of the perpetra- ing to the arguments of these cases tor. Statutes dealing with business that an improvement could be transactions certainly cannot be made in our trial and appeal put in the same category as acts courts. of a criminal nature. To appraise Without casting the slightest re- fairly and determine justly the re- flection upon the learned judges sults of one's acts in the criminal composing this Court of Appeals, field may require a medically- and certainly not intending the trained mind equally as much as slightest contempt, it occurred to one legally trained. my lay mind that one would have Just as we have separated the to be a proverbial Solomon to de- prosecution of these two branches cide flawlessly all the intricate of the law into separate and dis- questions presented in only these tinct departments, we should, for four cases. obvious reasons, try criminal and I noticed that the two cases civil cases before separate courts where the tax- question was in- and before justices who are spe- volved were argued by a repre- cialists in their particular field of sentative of the Corporation Coun- jurisprudence. sel's office; the one dealing with Yours very truly, the act of murder was argued by a JOSEPH LEwis." representative from the District Attorney's office. These are two 45 Gramercy Park, separate branches of the law- New York. Criminal and Civil., From what I understand from the lawyers of my acquaintance they are just as Editor's Reply-To the a b o v e definitely distinct as the surgeon communication the Editor of this and the general practitioner are in Section replied, in part: "I have medicine. considered the matter of specialized I do not believe that Clarence criminal courts for a number of Darrow and John W. Davis could years, and there is much to be said sit upon that same bench and ar- in favor of them. Undoubtedly, the rive at the same conclusions upon criminal law should be admin- CURRENT NOTES istered by specially prepared inal Law and Criminology, in ad- judges and prosecutors. A great dition to its course in train- premium is paid to experience and, ing which has been announced as you say, 'crimes' are different previously, is developing research from 'contracts.' I too feel that work on the neighborhood back- courts should look to heredity, so- grounds of delinquents. Three cial conditions, and circumstances faculty members in the department wholly beyond the control of the of sociology hold weekly confer- accused. This cannot be done if. ences with ten members of the courts handle crimes just like civil classification departments of three controversies. of the state correctional institu- I want to point out, however, that tions, in which plans are made for there are .arguments against the securing additional information on suggestion. In some States, not- this topic, and reports are made ably Oklahoma and Texas, we have regarding the new findings. Spot separate criminal appeal courts. It maps of commitments to all of the is questionable whether they per- state correctional institutions for a form as expected. Other States ten year period are being made for have tried such courts and have each of the cities and larger towns abandoned them. Briefly, here is of the state by cooperation of the the reason. Judges who sit for departments of sociology in ten col- months and years on the same leges. A committee which repre- bench, dealing with one special sents the Law School and three de- field of the law, tend to decide partments holds monthly meetings cases upon 'precedent' and they with representatives of the classi- often become more and more nar- fication department to discuss the row in their rulings. interpretations of selected cases Since the State cannot appeal in and to formulate research prob- criminal cases, these courts build lems and programs regarding these up a 'jurisprudence of reversals,' interpretations. whereas less 'experienced' judges, coming to the bench fresh and without being steeped in the in- Recommendations fo New York- tricacies of criminal procedure, Eighteen specific recommendations seem to be more inclined to try to the New York Legislature were criminal cases with the idea of made recently by the Prison Asso- rendering justice instead of merely ciation of New York. The annual preserving forms. reports of this organization, while The more I have studied the mat- not acted upon in toto by the Legis- ter the less inclined I am to agree lature in any one session, are so that a separate appellate court for important that it is thought advis- criminal cases would be advisable." able to print below those of" gen- Has the reader anything to con- eral interest. As stated by Mr. E. tribute by way of solution of this 0. Holter, President, and Mr. E. R. interesting problem? Cass, General Secretary, "We re- peat recommendations because we feel that they point in the right Indiana Research-p r o f e s s o r direction and represent objectives, Sutherland reports that the Indi- the fulfillment of which should be ana University Institute of Crim- continually sought, in order to CURRENT NOTES 929 make for better administratibn of among our young people," is popu- criminal justice, a more intelligent lar, it is true that there is a variety treatment of the prisoner, and in- of opinion as to the various meth- creased public welfare and protec- ods of approach and technique gen- tion." erally, with the result that the dif- ferent agencies are proceeding I. CRIME PREVENTION BUREAU without the necessary coordination Legislation should be enacted to of effort. In other words, there establish a Bureau of Crime Pre- seem to be too many separate un- vention in the Executive Depart- dertakings which well might be ment, as recommended in Gover- combined in the interest of econ- nor Lehman's special message omy and team-work administra- (January, 1936) on the improve- tion ... ment of criminal . III. CLASSIFICATION OF PRISONERS The old adage, "an ounce of pre- vention is worth a pound of cure," The formulation and statement of still holds. The Governor states, a Department of Correction classi- "This bureau should (a) Stimu- fication program is needed. To tie late state departments to develop in with this for practical operation, their facilities and methods to con- there should be appointed a di- trol the factors entering into de- rector of classification, to coordi- linquency and crime. (b) Visit, nate, under the direction and stim- study and evaluate conditions in ulus of the Commissioner of Cor- communities throughout the State rection, the functioning of the and advise local agencies as to the classification program and person- organization and development of nel. It is true that there are a' needed programs. (c) Collate, in- number of institutions intended to terpret, and publicize statistics and house special types of offenders. reports relating to the problem of Progress has been made in ferret- juvenile delinquency and crime. ing out the insane and potentially (d) As need arises, prepare and insane, as well as feeble-minded sponsor legislation bearing upon inmates. Yet the greater number the manj specific problems inci- of the reformatory and prison dent to crime prevention." population represents within each This Association, although heart- institution a heterogeneous mass, ily in accord with the idea of a comprising first, second, third, and Crime Prevention Bureau and its fourth offenders, young and old, of functions as .outlined by the Gov- varied backgrounds and attitudes. ernor, desires to emphasize that Notation is frequently made by the one of the important functions of various psychiatric units in the this Bureau should be the develop- Department of the psychopathic ment of a plan of crime prevention, condition of inmates with recom- setting forth not only the objec- mendations as to their treatment, tives but the technique of opexa- particularly with respect to hous- tion, to serve as a guide in the ing, but a serious weakness of the various communities. There is also procedure is that these units do need for an evaluation of the work not function much beyond the point that is being done by various crime of diagnosing and labeling prison- prevention organizations. While ers. This must be changed if there the phrase "crime prevention is to be an improvement over the 930 CURRENT NOTES present system of classification and sufficient in number so that no such distribution of inmates. Progress officer shall be required to super- in classification and distribution of vise more than seventy-five per- prisoners is noted in the U. S. sons at one time." The provision Prison System, the State of New for an adequate and qualified per- Jersey, the English Prison System, sonnel is the first step in the estab- and the plan promulgated for the lishment of scientific and protec- State of Illinois. tive parole procedure ...

VIII. EXTENSION OF AUTHORITY, XVI. STATE SUBSIDY FOR DIVISION OF PAROLE PROBATION That consideration be given to Although probation has been the extension of the authority of used as a method of dealing with the Division of Parole to apply to those convicted of a crime in this the reformatory inmates at the State for more than thirty years, Westfield State Farm, the inmates and regardless of the stimulation of the State Vocational Institution given by the State Division of Pro- at Coxsackie, the Albion State bation and the State Probation Training School, and the institu- Commission, fourteen counties still tions at Napanoch and Wood- have no probation service, and five bourne. At the Westfield State additional counties have no proba- Farm it will relieve private agen- tion service for adults. With about cies of work that is properly a three possible exceptions no com- State function, and at all these in- munity in the State has an ade- stitutions it will make for a more quate number of properly trained uniform system of pre-parole pro- probation officers, and some of the cedure, the determining of fitness large communities have as many for parole, and supervision while as eight separate probation depart- on parole. ments attached to the various In order to facilitate and preserve courts, which function entirely in- sound and intelligent parole ad- dependent of one another, and with ministration, it is recommended no uniformity as to personnel that serious consideration be given standards or quality of work. The to the advisability of the addition State Division of Probation does of one parole commissioner, bring- not have the authority to require ing the total to four. With the ex- local communities to establish pro- tension of authority, as mentioned bation services, to maintain mini- above, this addition appears to be mum standards, to raise standards vitally necessary. of existing departments, or to en- In accordance with Section 117 force its recommendations. Its of Chapter 824 cf the Laws of 1930, powers are limited to inspection it is recommended that additional and supervision. The State has parole officers be appointed in or- assumed full responsibility for the der to bring about close adherence development of two forms of treat- with this section, which reads as ment for offenders, institutional follows: " . . . a staff of parole care and parole, but has not as- officers for investigation for the sumed the same measure of re- purpose of selection for release on sponsibility for the development of parole or otherwise and for super- probation, even though it is much vision upon release (be appointed), less expensive and is proving ef- CURRENT NOTES fective in rehabilitating selected Association, covering the year 1936, groups of offenders. Therefore, which contained a survey of "Crime some additional impetus from the Legislation in New York State" in State is needed to further the de- which the results of the Governor's velopment of probation throughout Crime Conference were detailed. the State. This should be in the Our reasons for emphasizing New form of State subsidy to local com- York progress in the field, possibly 'munities, as follows: at the expense of notes from other (a) This subsidy could be based states are these: New York had a upon the percentage of local ex- most interesting State Conference penditure for probation, possibly 25 which resulted in much authorita- per cent, provided the local service tive discussion; New York has as meets the standards established by leader, Governor Lehman, who has the State Division of Probation. shown enlightened interest; under (b) These standards would nec- the able leadership of Mr. Cass, essarily be flexible, starting with New York has the most active and the minimum agreed upon at the influential prison association oper- time the subsidy system was estab- ating in any State. Penal recom- lished and improving as time went mendations from New York are on. important, and worthy of study in (c) It was estimated in 1934 all States. that the total cost for probation service throughout the State was $1,272,105. The additional cost of Interstate Progress-T he Inter- organizing and maintaining proba- state Commission on Crime recent- tion service in those counties now ly printed and circulated its Report without probation service would of Activities for the Year Ending not exceed $150,000 annually, which December 31, 1937. It may be ob- sum would have to be provided by tained from the Executive Offices the counties. The total annual ex- of the Commission, Essex County penditure for all probation service Court House, Newark, N. J. It in the State would then be approxi- gives a history of the Commission, mately $1,500,000. the States which have adopted the (d) Since there are many pro- various uniform reciprocal acts bation services which fall below the (with tables), along with a detailed minimum standards now recom- account of the Commission's ad- mended by the State Division of ministrative activities. Also in- Probation, the State would not have cluded is the personnel of the Com- to expend 25 per cent of the total mission and the lists of the various probation budgets as soon as legis- committees. lation establishing the State sub- sidy was passed. In view of the above, for the first year or two the Valuable Index-It was with great State subsidy would probably not pleasure that we received a copy exceed more than $200,000. of the Index of Proceedings of the American Prison Association, 1905- 1934. Its value and how it came to The reader will find in 28 J. be published are well stated in a Crim. L. 450 another note concern- short introduction to the 326 page ing the 92d annual report of the volume. CURRENT NOTES

"For sixty-six years the Ameri- the Department of Justice and the can Prison Association has provided International Prison Commission, a forum for the discussion of topics both represented by the under- having to do with the administra- signed, have caused this index to tion and reform of prisons and re- be printed. formatories. Each year during SANFORD BATES, this period an.annual congress has JAMES V. BENNETT." been held, attended not only by practical men and women who are' doing the work of managing penal Sex Offenders-The January, 1938, institutions, but also by other per- "Mental Hygiene" contains a series sons, including judges, legislators, of articles on "The Challenge of criminologists, physicians, psychia- Sex Offenders." Dr. Edward A. trists, newspaper men, and other Strecker of the University of Penn- interested citizens. Through the sylvania wrote the "Introduction." devotion of the officers of the as- Austin H. McCormick, Commis- sociation and the general secretary, sioner of Correction of New York the papers that have been given City, prepared "New York's Pres- under various subjects have been ent Problem"; Dr. Karl M. Bow- preserved together with the more man presented "Psychiatric Aspects important discussions, and no li- of the Problem" (incidentally men- brary which aims to keep up to tioning a case of an eleven-year- date in the matter of recent devel- old girl who seduced an old man opments in the care of adult of- considerably deteriorated by gen- fenders is without a full set of eral paresis, and infected him with these bound copies of the proceed- gonorrhea!); and Dr. Winfred ings of the American Prison Asso- Overholser, Superintendent of St. ciation. Elizabeth's Hospital, closed. It was Unfortunately, however, since agreed that "simply passing more 1905 there has been no index pre- laws or making penalties more pared or available for that year severe will not solve the problem." and the succeeding volumes. Dur- Dr. Overholser made this inter- ing f935 the association was for- esting observation: tunate to be able to avail itself of "An example of the neglect of the services of Edna E. Emroch and existing laws may be cited. In a the financial backing of the Works nearby state the judge of any court, Progress Administration, and there civil or criminal, may request the is, therefore, submitted, an index department of mental diseases to of the proceedings of the American examine "any person coming before Prison Association for the years the court," such examination being 1905 to 1934, inclusive. made without charge. Yet in a re- In the belief that the publication cent year, when 173,000 criminal and the distribution of such an in- cases were started in the district dex would be of distinct value to courts and over 37,000 in the su- public officials and students of pen- perior courts, only 34 such requests ology throughout the United States, for examination were addressed to and in order that the investment the department! It is clear that already made by the Government what is needed here is not more in this work should be utilized to law, but more interest on the part the full, the Bureau of Prisons of of the judges in employing helpful CURRENT NOTES 933 procedures that are at present le- plete facts in this regard as we gally permissible." have in our schedules over a period of years and I think we should put that factual information together Forthcoming Statistics-Mr. Ron- and prepare it for publication. Be- ald H. Beattie, criminal statistician fore I am through I will have a of the Bureau of the Census, re- fairly complete analysis of all penal ports that the prison schedules of provisions in regard to each offense the year 1937 are coming in and in all States and, I hope, also a are being edited for publication. summary of the judicial and penal His work in this field promises to set-up in every State, which will be most valuable to criminologists give us a much better working and the Census Bureau should be knowledge of a particular jurisdic- encouraged to give generous sup- tion when we come to handle the port to his efforts. statistics reported from that State." Mr. Beattie reported to the Edi- tor: "Our prison statistics are much Calvert Lecture-The annual Cal- further advanced than our judicial. vert lecture, given since 1933 as I am planning to make a much a memorial to Roy Calvert, Secre- more specific application of our tary, 1925-1933, of the National data to specific release procedures Council for the Abolition of the in the various States in our 1937 Death Penalty, was presented by report. For each man paroled, dis- Dr. Stanton Coit. The National charged by expiration, pardoned, Council has printed the lecture or discharged by any other method, and it has been distributed widely. we have the information in regard Much of value was contained there- to his offense, sentence, and time in. One paragraph was of exceed- served. I feel sure that we can ing interest to the Editor and is set offer an analytical summary that out below partly because of its con- will be much more revealing -of tent and partly because'of the man- the practices in releasing prisoners ner in which the idea is expressed. than has been done in past reports. "As I have all along been taking That is one reason why I am spend- for granted that vindictiveness is ing so much time checking our not only wrong but is the motive prison materials as they come in. of all retaliative punishments, I Another thing I am planning is realize that I ought perhaps to a study of all persons discharged have cited authorities for this judg- from prisons during the 5-year ment. No anthropologist or histor- period 1933-1937 who were charged ian of law denies that retributive with murder, or were serving life justice, the giving to a man of his sentences, or were charged with due in return for a wrong -he has rape 'or other serious sex of- done, springs from vengeance as fenses. This study will show ex- its motive and is unjust and inex- actly how long such people were pedient. Here I can refer to one held in the institutions and how authority only. Professor Jenks in they were released. There is so The Book of English Law opens his much talk these days about how chapter on the General Principles' long life termers serve, or mur- of Criminal Law by saying that derers, etc., but no one has as com- men s views as to the object or 934 CURRENT NOTES justification of punishment are Conference of Commissioners on constantly changing, that, origin- Uniform State Laws, caused it to ally, it was regarded as a means of be printed with detailed comments averting the wrath of Heaven from in the February, 1"938, Journal of a community polluted by the of- American Judicature Society. He fence, later as a process of gratify- said: ing the vengeance of the injured "There can be no doubt of the party and his kindred, later still as need for expert testimony. The a sort of satisfaction to the com-- problem is how to eliminate the munity for the distress and shock evils of bias and partisanshipwhich caused by the offense. Later still shape it. The National Conference it was regarded as a purely utili- of Commissioners on Uniform State tarian means of preventing the Laws has prepared the following repetition of the offence by strik- act which is aimed to remedy these ing terror into the minds of pos- evils. This act authorizes the sible imitators. And last of all as court to select and summon expert a means of reforming the offender. witnesses; it provides for confer- He then adds that an historical ences and joint reports of these system of law, like the English, witnesses, for their personal ex- bears traces upon it of almost all amination of the subject matter of the stages through which the jus- the controversy, and for the re- tification of punishment has passed. moval of the objectionable features You will agree with me that the in the hypothetical question." first three objects-averting the wrath of Heaven, gratifying the The Act reads: vengeance of the injured party and A Uniform Act Empowering satisfying the community for the the Court to Appoint Expert shock caused to it by the offense- Witnesses in Civil and Crim- are revolting in their depravity, inal Proceedings, Providing and are almost, if not wholly, ob- for Conferences and Joint solete. You will also agree that Reports of Expert Witnesses, the fourth object, the striking of and the Compensation of. terror into the minds of possible Expert Witnesses. imitators of crime, is obsolescent. Only the fifth object, the reforming Section 1. (Court Empowered to of the offender, is growing in moral Appoint Expert Witnesses.) When- favor. The principle inherent in it ever, in a civil or criminal pro- is eternal and must be applied so ceeding, issues arise upon which the court deems expert long as moral offenses condemned evidence is desirable, the court, on its own by the State are committed. And the existence of such offenses will motion, or on the request of either the not cease until social conditions state or the defendant' in a provocative of crime have been criminal proceeding, or of any par- reformed." ty in a civil proceeding, may ap- I This Act should be compared with the Expert Testimony Statute pre- Expert Testimony Act-Dean A. J. sented to the American Bar Associa- Harno, Chairman of the Committee tion in 1934 by the Committee on Medi- co-Legal Problems of which Dean which drafted a Uniform Expert Harno was chairman. See 25 J. Crim. Testimony Act' for the National L. 467. CURRENT NOTES point one or more experts, not ex- ceeding shall be permitted access. places ceeding three orm each issue, to to the persons, things, or testify at the trial. under investigation for the purpose of inspection and examination. Section 2. (Notice When Called by Court.) The appointment of Section 6. (Report by Experts expert witnesses by the court shall and Filing Thereof.) The court be made only after reasonable no- may require each expert it has ap- tice to the parties to the proceed- pointed to prepare a written report ing of the names and addresses of under oath upon the subject he has the experts proposed for appoint- inspected and examined. This re- ment. port shall be placed on file with the clerk of the court at such time When Called Section 3. (Notice as may be fixed by the court and by Parties.) Unless otherwise au- be open to inspection by any party. thorized by the court, no party By order of the court, or on the shall call a witness, who has not request of any party, the report been appointed by the court,- to shall be read, subject to all lawful give expert testimony unless that objections as to the admissibility the court and the party has given of the report or any part thereof, adverse party to the proceeding by the witness at the trial. reasonable notice of the name and address of the expert to be called. Section 7. (Conference and Joint Report by Expert Witnesses.) The Section 4. (Agreement on Ex- court may permit or require a pert Witnesses by Parties.) Be- conference before the trial on the fore appointing expert witnesses, part of some or all of the expert the court may seek to bring the witnesses, whether summoned by parties to an agreement as to the the court or the parties or both; experts desired, and, if the parties' and two or more of them may agree, the experts so selected shall unite in a report which may be in- be appointed. troduced at the trial by any party Section 5. (Inspection and Ex- or by order of the court, subject to amination of Subject Matter by all lawful objections as to the ad- Experts.) Expert witnesses ap- missibility of the report or any pointed by the court shall, at the part thereof. request of the court or of any par- (Expert Witnesses ty, make such inspection and ex- Section 8. Court or Par- amination of the person or subject Called to Testify by the court or matter committed to them as they ties.) At the trial may call any expert wit- deem necessary for the full under- any party by the court. The standing thereof and such further ness appointed appointed by reasonable inspection and exam- fact that he has been be made known to ination as any party may request. the court shall and he shall be subject Reasonable notice shall be given to the jury, cross-examination by any party each party of the proposed inspec- to and the sub- tion and examination of persons, on his qualifications Any party things, and places, and each party ject of his testimony. to the proceeding may also call shall be permitted to be repre- witnesses, subject to sented at such inspection and ex- other expert Section 3, but the amination. Experts called by the the provision of impose reasonable limi- court or by the parties in the pro- court may )36 CURRENT NOTES tations upon the number of wit- fixed by the court, and the pay- nesses so called. ment of, or the offer or promise Section 9. (Examination of Ex- by any person to pay such other perts.) (1) An may compensation shall be unlawful. be asked to state his inferences, whether these inferences are based on the witness' personal observa- Stuckert Address-In a recent ad- tion, or on evidence introduced at dress over Radio Station' WFBR, the trial and seen or heard by the William L. Stuckert, Chief Proba- witness, or on his technical knowl- tion Officer of the Supreme Bench edge of the subject, without first of Baltimore City, discussed "Pris- specifying hypothetically in the on or Probation-Which?" Two question the data on which these paragraphs were so apt in state- inferences are based. ment that they are presented be- (2) An expert witness may be low: required, on direct or cross-exam- "We must look for failures ination, to specify the data on whether we use probation, the pris- which his inferences are based. ons, parole or any other method Section 10. (Compensation of conceived by man in dealing with Expert Witnesses.) The compen- the criminal portion of our popu- sation of expert witnesses ap- lation. It is idle to talk about pointed by the court shall be fixed abolishing any of these methods by the court at a reasonable now employed by the State, sim- amount. In criminal proceedings ply because of failures. When, in it shall be paid by the (county) the history of mankind, was the under the order of the court, as a value of any hospital to the com- part of the costs of the action. In munity rated by its failures?" . . . civil proceedings the compensation "No advocate of probation con- of experts appointed by the court tends that probation is the cure- shall, after it has been fixed by the all for delinquency and crime. court, be paid in equal parts by the Crime is deep-rooted. It presents opposing litigants to the clerk of an intricate, complex problem, and the court at such time as the court requires incessant study. It is also shall prescribe, and thereafter as- certain that it cannot be bally- sessed as costs of the suit. The fee hooed out of existence by spectacu- of an expert witness called by a lar publicity which, if instigated or party but not appointed by the continued on a systematic basis, court shall be paid by the party by bids fair to become a 'racket' itself. whom he was called, and the Neither will machine guns, strong amount of such fee shall be dis- arm or hard boiled methods help closed if requested upon cross- society or the far greater number examination. The receipt by any of offenders of the average type, witness appointed by the court of whose names never appear in pub- any compensation other than that lic print."